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Where can employees in an EB-5 business be located?

I will be hiring my team of 10 employees to start my EB-5 business in a TEA. Not all my positions need to be working on site and will be traveling. Are there EB-5 requirements that all my employees need to be based in the same town? Or can I have employees working with me in different cities?

Answers

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    Xiaosheng Huang

    Immigration Attorney
    Answered on

    You can have your employees working in different cities.

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    Barbara Suri

    Immigration Attorney
    Answered on

    The regulations do not dictate where your employees may be located. It is my opinion that employees are usually located conveniently for their jobs.

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    Salvatore Picataggio

    Immigration Attorney
    Answered on

    The location of the job creating entity should be in a TEA, but traveling employees should be acceptable as long as they are based at the JCE site.

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    Fredrick W Voigtmann

    Immigration Attorney
    Answered on

    The new commercial enterprise (NCE) must be "principally doing business" within the TEA. One of the factors to determine where the NCE is principally doing business is the location of the employees. There are other factors as well, so it might be best to run your scenario by an experienced EB-5 immigration attorney. It might be possible to have employees working off-site and traveling and still meet the "principally doing business" requirement.

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    John J Downey

    Immigration Attorney
    Answered on

    I would base my operations in the TEA and then send my employees to other locations. This may depend on the nature of the business, which you have not mentioned.

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    Raymond Lahoud

    Immigration Attorney
    Answered on

    There is no need to necessarily work in the same town - the jobs must be created, however. If the jobs are sales/traveling jobs, that is understandable. It is important to note, however, that, at the core, the jobs must be created at the business location.

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    Jinhee Wilde

    Immigration Attorney
    Answered on

    Because a business being located in TEA means that you get to utilize the reduced investment amount and is designed to promote the economic condition of that TEA, the job creation also must be within that TEA. Thus, while your employees could travel and for some short period of times be dispatched to work at another location, the principal place of their employment must be within that TEA.

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    Bernard P Wolfsdorf

    Immigration Attorney
    Answered on

    This really depends on whether you are filing a direct application that requires full time jobs, or via a regional center that permits indirect job creation. Generally, the rule is the jobs must be within the TEA. The fact that some of the employee's job duties are outside the TEA may not be automatically disqualifying.

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    Stephen Berman

    Immigration Attorney
    Answered on

    They must be on site.

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